Terms & Conditions

Introduction

The terms and conditions set out below (“Terms and Conditions“) are important as they govern the terms upon which you will be an account customer (“Customer” and “you“) of Bancroft Wines Limited (“BWL” and “we“) and upon which BWL will supply any wine ordered and/or purchased by you or on your behalf (“Wine“). No other terms and conditions shall apply in respect of the purchase of such Wine unless expressly accepted in writing by BWL.

Wine Quality

While we make every effort to ensure the proper cellaring of all wines in our possession and will act in good faith in purchasing wines, we cannot be responsible for the condition of any Wines or whether they show any attributes which might not be expected. In our absolute discretion we will consider requests for replacing the unopened balance of an order which is undrinkable.

Ownership

Title to all Wine shall remain with BWL until payment in full has been received for the Wine and any other sums owed to BWL (whether or not then due and whether or not owing in respect of the Wine supplied). You may resell the Wine but will account for the sale if so required by BWL and if title to the Wine has not passed to you then prior to such sale you must notify the purchaser of these Terms and Conditions relating to the title to the Wine.

Until title passes, you will hold the Wine as BWL’s bailee. The Wine is to be stored carefully, securely and separately from other wine and is to be easily identifiable as stock supplied by BWL and when it was supplied and is to be sold on a first in first out stock rotation basis.

Until title passes, if you fail to make a payment as it falls due to BWL or BWL, acting reasonably, believes that you will or are likely to fail to make any such payment, BWL is entitled without notice to enter any of your premises at which BWL believes any of the Wine is stored and to remove some or all of the Wine up to the value of the total amount due or to become due from you.

Lien

Where BWL holds Wine on your behalf, BWL shall have a right of lien on such Wine for any debts, claims and liabilities whatsoever for which you may from time to time be liable to BWL whether or not the same is due and in the event of any such debts, claims and liabilities not being paid within 10 days of the notice of the exercise of any such lien, BWL may sell the Wine and apply the proceeds towards the satisfaction of all such debts, claims and liabilities on whatsoever account owing and also all charges and expenses including legal costs (on a full indemnity basis) arising and incurred in relation to the exercise of any such lien. BWL’s right to sell the Wine will additionally apply to all Wine that may come into BWL’s possession following it first giving notice of the exercise of any such lien.

For the avoidance of doubt, all debts, claims and liabilities will be deemed to be owing to the extent they have accrued up to the date of the application by BWL of the proceeds of sale following the exercise by BWL of its right of sale regardless of whether they have been invoiced to the Customer and regardless of whether or not BWL is entitled to issue an invoice in respect of them at that date and regardless of whether any maximum credit period offered by BWL to the Customer is yet to expire.

Payment

Payment is due with the order, other than for approved credit accounts when it is due 30 days from invoice date unless otherwise stated such as En Primeur orders which are all due on order. We accept payment by cheque, Amex, MasterCard, Visa, Delta or Switch cards. All payments for En Primeur orders made by credit or charge card will incur a 4% surcharge.

Prices

All prices are per standard case (12 bottles, 6 magnums, 24 half bottles or a pro-rata combination thereof) in £ sterling, inclusive or exclusive of VAT as stated in the offer but are subject to alteration.

Availability

BWL carries finite stock of all wines. BWL reserves the right to substitute wines of an equal or higher value.

Minimum Orders

The minimum order is one standard case (12 bottles, 6 magnums, 24 half bottles or a pro-rata combination thereof) and all orders are subject to your account being up to date and within any relevant credit limit.

Deliveries

Delivery within the M25 is free of charge for all orders of 3 standard cases or more or of a value of £350.00 or more excluding VAT. Delivery to Mainland England outside the M25 & Wales is free of charge for all orders of 10 cases or more or of a value of £400.00 or more excluding VAT. For all other orders, a charge of £13.00 (plus VAT) is levied on any orders for delivery within the M25, or £18.00 (plus VAT) for orders to mainland England (outside the M25) and Wales. En Primeur Bordeaux orders only: all deliveries will be subject to a £15 (plus VAT) delivery charge and any deliveries into London City Bond will be subject to a £5 (plus VAT) delivery charge. Charges for other destinations, including Northern Ireland, Channel Islands, Scotland and overseas, are available on request.

Providing orders are received by our Order Desk no later than noon on any working day, deliveries to central London will be executed the following working day. BWL will make every reasonable effort to comply with your delivery instructions but is unable to agree to guarantee delivery on the date the Wine is scheduled for delivery. Mainland England and Wales deliveries (organised on a pre-determined delivery schedule) are usually completed within 3 working days of receipt of order. Any orders in excess of 90 cases or that require a booking are not subject to the standard delivery schedule and will be delivered at the earliest opportunity.

Claims/Risk

All Wine shall be at your risk from the point of delivery to you, your agent or into bond if requested by you. Upon receipt of the Wine you must examine the Wine delivered and sign to confirm receipt on any delivery note provided by BWL. If any Wine as delivered to you is subject to shortages, damage or errors you must note this on the delivery note or otherwise inform BWL within 48 hours of the time of delivery (or the next working day if delivery takes place on a Friday or preceding a Bank Holiday) and give details of such shortages, errors or damage. You must also retain such Wine and packaging and make it available for inspection and collection by BWL.

BWL will not be liable for any loss or damage of whatever nature directly or indirectly incurred by you or any third party arising out of or in connection with any late delivery, shortage of delivery or non-delivery of Wine to you.

Data Protection

We may use your details, and share them with other carefully selected organisations to send you information about various products and services. Your name, address, email and telephone number may be given to those companies for that purpose. If you do not wish to receive such marketing information, please reply in writing to the Marketing Manager, Bancroft Wines Limited, Woolyard, 54 Bermondsey Street, London SE1 3UD.

General

You may terminate your account with us at any time providing you give us notice in writing and all outstanding amounts have been paid in full.

BWL may terminate your account without notice if you fail to make a payment as it falls due to BWL or if BWL, acting reasonably, believes that you will or are likely to fail to make any such payment or if you otherwise breach these Terms and Conditions.

Upon termination all Wine delivered but not paid for by you becomes immediately due and payable.

These offers are only available to persons aged 18 or over. Under the Licensing Act 1964 it is an offence for an individual aged under 18 to buy or attempt to buy intoxicating drinks.

No variation or waiver of any of these conditions shall be binding on BWL unless in writing or signed by a director of BWL.

Your statutory rights are not affected by any provision of these Terms and Conditions.

If you or we fail to exercise or delay in exercising any right or remedy which it may have under these Terms and Conditions, this will not be a waiver of the right or remedy. Neither shall any single or partial exercise of any right or remedy under these Terms and Conditions by you or us prevent any further exercise of the right or the exercise of any other right or remedy.

These Terms and Conditions constitute the entire and only agreement and understanding of the parties, and supersede any previous agreement or understanding between BWL and you relating to the subject matter of these Terms and Conditions. You agree that in entering into these Terms and Conditions you do not rely on, and have no remedy in respect of, any statement, expression or opinion, representation, warranty or understanding (whether negligently or innocently made) of any person if not expressly set out in these Terms and Conditions. Nothing in this paragraph shall operate to limit or exclude any liability for fraud.

These Terms and Conditions shall be governed by and construed in accordance with English law and you and we irrevocably submit to the exclusive jurisdiction of the English courts to determine any disputes which may arise in connection with them.